In New Jersey, if you are injured in a car accident, filing a lawsuit requires knowing who is at fault for the accident. Liability is frequently determined by a driver’s negligence, which means driving in a way a reasonable person would not. Because of their actions, they may be responsible for damages under a legal standard of negligence.
A car accident attorney can help you establish if the other party was negligent in the accident.
New Jersey Car Accident Lawsuits: What is the Legal Standard?
New Jersey law requires drivers to take reasonable care when operating a vehicle. Drivers have a duty of care to look out for pedestrians, obstructions, and other vehicles and regulate their speed and movement.
When a driver fails to use reasonable care, you must prove they caused the accident with their negligent actions. The New Jersey legal standard for negligence entails the following:
- The other driver owed a duty of reasonable care to you
- The other driver breached that duty of care through negligence
- The other driver’s negligence contributed to your injuries
- You suffered injuries or property loss
- Your injuries resulted in financial losses
How is Fault Determined in a Car Accident in New Jersey?
To establish negligence, you need to prove the at-fault driver operated their vehicle incorrectly. Negligent actions may include the following:
- Distracted driving, such as texting on your smartphone
- Driving under the influence of alcohol and drugs
- Failure to yield the right of way
- Ignoring a red light
- Speeding
- Failure to maintain distance
- etc.
When Both Drivers Share Some Fault, What Happens?
New Jersey is a modified comparative fault state. This rule means if evidence suggests you may have also contributed to the accident, New Jersey judges can adjust the amount of compensation.
If you are at fault for 30% of the accident, you may receive 70% compensation. However, if you are at fault for over 50% of the accident, you don’t receive any damages.
Find out what damages you may be entitled to with the help of a car accident lawyer. An attorney can investigate the accident and negotiate with the insurer to help recover fair compensation.
Find Legal Help For Your Car Accident Case
If you or someone close to you suffers injuries in a car crash, contact a car accident attorney immediately. Call us today to schedule a free attorney consultation.